1. Third Party Observations under article 115 of EPC

TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Camellia sinensis (tea) for the treatment of all types of Fatigue, as General tonic, Stimulant and increases capacity of work from the books – Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 1), Priyanighantau by Priyavrata Sharma (Ayurveda, Exhibit 2) and Qaraabaadeen Najm-al-Ghani (20th century AD) by Mohammad Najmul Ghani Khan (Unani, Exhibit 3).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 are reproduced below.

“A Third Party Observation under Article 115 EPC was issued on 29.11.2012. The following comments are made with respect to it:

Exhibits 1-3 refer to the use of formulations containing Camellia sinensis (tea, EGCG) as general tonic, increase capacity of work, stimulant, treatment of all types of fatigue. Tea is one of the best known sources of EGCG, in fact even this application uses tea extract as the source of EGCG (Teavigo TM). One could say that EGCG is implicitly disclosed in tea extract.
Consequently, the subject matter of claims 1, 3, 7, 9, 10 is considered as being not new in view of Exhibits 1-3 (Art 54 EPC). In case of doubt of novelty, the use of tea as a source of EGCG is clearly not inventive.”

Full examination report can be referred at EP2124636.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s DSM IP Assets B.V., / Netherlands, did not reply to communication from the Examining Division as a result of which the Application was deemed to be withdrawn on 15.11.2013.